Torture of a Thousand Cuts : The case of the presidential petition
Supreme court
By Brian Mulenga
In China there is an old torture technique which consists of making lots and lots of little cuts on the body of the person being interrogated. Its called the torture of a thousand cuts.
The UPND filed a truly humungous petition and quoted every single part of the Constitution and every bit of subsidiary legislation that covers elections in support of their petition.
My first instinct was to wonder what was going on. Subsequent querying of lawyers and other people knowledgeable in these matters said “That’s normal my friend. Some lawyers hide the pistol in a blizzard of motion and preliminary issues. Others just raise every single thing that is remotely connected to the case”.
I think the UPND strategy was the second one. Raise every single item you can and try and cover all the bases. The premise is some issues will be struck down by the judges others will fall by the way side and eventually the case boiled down to its essentials.
However I have an observation to make. I think everyone including the Court and the lawyers on both sides are driving slowly through traffic with a huge L sign pinned front and back. They seem to be driving while reading from an instruction manual.
Everything is up in the air as there are simply no legal precedents concerning petitions under this new Constitution and legal history is being made.
Well back to the UPND strategy. I think it is a good strategy however what matters is implementation i.e. tactics. In compiling this huge buffet of issues and grounds for petition they have provided a big juicy target for the respondents lawyers.
The PF lawyers have reacted to the big juicy targets like a starving lion let loose in a Zambeef cold room. They have sliced away at the humongous raw steak and have literally began stripping it to the bone.
The UPND Strategy is undergoing a death by a thousand cuts. A little slash here, a cut there until finally the petition will just be reduced to an easy target for quick dispatch into oblivion.
This where the UPND strategy was perhaps a risky one. By the time the PF lawyers are done, the meat left maybe stringy and hard to digest by the Judges and will be spat out. In short, once the case the case has been boiled down to the essentials, what will be left will be unattractive and easy to take apart.
It is my opinion that by the time the courts get down to the substantive case what will be left will be easy picking for the PF lawyers.
My Prediction. Petition fails. Lots of nice stuff for legal students to pore over, some precedents set. (Look out for Mister Speaker acting as President for a week or two it might happen). It will die a thousand cuts as it is sliced apart by the PF lawyers
Meanwhile as usual the master tactician, Mister Humble will be sipping on his favourite tipple, Jameson whisky and picking out a new outfit for Inauguration. I loved his jeans and boots when he was off to Mfuwe. Especially the boots.
The businessman will cry foul, will huff and puff and life will go on in Zambia. People have lives to lead and the election will fade away until next time in August 2021.
If this was boxing I would say TKO in round 7. The fella in green wins.